Decree 17/2023/ND-CP guiding copyright and related rights in Vietnam

Decree 17/2023/ND-CP guiding the Law on Intellectual Property on copyright and related rights takes effect as of June 20, 2023 and replaces:

- Decree 22/2018/ND-CP on guidelines for certain number of articles of the Law on Intellectual Property 2005 and Law on amendments to the Law on Intellectual Property 2009 in terms of the copyright and related rights.

-  Protection of copyright, related right part in the Decree 105/2006/ND-CP elaborating to the Law on Intellectual Property 2005 regarding intellectual property protection and state management of intellectual property

- Decree 119/2010/ND-CP dated December 30, 2010 of the Government on amendments to Decree 105/2006/ND-CP dated September 22, 2006 of the Government expire from the effective date hereof.

Some terms in Decree 17/2023/ND-CP guiding copyright and related rights in Vietnam

A posthumous work is a work published for the first time after the author's death.

- “posthumous work” means a work which is published for the first time after the death of its author.

- “anonymous work” means a work which has an unknown or undisclosed author (real name or pseudonym) when the work is published.

- “fixation” means the expression of a work in form of handwriting, other symbols, lines, blocks, composition, color, audio, images, or the recreation of audio, images in a definite tangible form from which the work is recognized, duplicated, or communicated.

- “original work” means the first tangible copy upon which creation of the work takes place for the first time.

- “copy” means a direct or indirect imitation of the entirety or part of a work on any medium or format.

- “audio recording, video recording” mean fixation of audio, images of a performance or other audio, images or fixation of recreation of audio, images other than fixation accompanying a work of motion picture or a work created in similar fashion. Audio recordings and video recordings can be recordings that are used in news outlets on radio, television, internet services; art performance recordings; recording of activities of one or many people, description of events, situations, or reality television.

- “copy of audio recording, video recording” means an indirect or direct copy of the entirety or part of audio recording, video recording on any medium or format.

- “publication of fixed work, performance, audio recording, video recording” means publication, with consent of holders of copyrights and holders of related rights, of copies of works, fixed performances, video recordings, audio recordings on any medium in a reasonable quantity for public access depending on the nature of the works, performances, audio recordings, video recordings Works of art and works of architecture are considered to have been published if they are placed in public areas with the consent of holders of copyrights to public access and duplication.

Performance of dramatic works, works of music; screening of motion picture; public recital of works of works of literature; broadcasting of works of literature, works of art; display of works of art; or building of constructions from works of architecture is not considered to be publication.

- “work of foreign organizations, individuals first published in Vietnam” means a work which has not been published in any other country prior to being published in Vietnam.

- “work of foreign organizations, individuals published simultaneously in Vietnam” means a work published in Vietnam within 30 days from the date on which the work is first published in another country.

- “rebroadcast” means to broadcast again after the broadcast has ended or broadcast programs simultaneously received from another broadcasting organization.

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